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Manbhum Ispat Private Limited vs Ca Santanu Brahma Liquidator Of ...

National Company Law Appellate Tribunal28 January 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The impugned order of the Adjudicating Authority, passed on an application without giving the affected party notice and an opportunity of hearing, cannot stand; it is liable to be set aside on that ground alone, and the matter restored to the Adjudicating Authority for hearing afresh on the application, the Tribunal not reaching the question of the application's maintainability.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 161 of 2025

IN THE MATTER OF: Manbhum Ispat Pvt. Ltd. ...Appellant

Versus

CA Santanu Brahma, Liquidator of Corporate Debtor & Ors. ...Respondents

Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Siddhartha Chatterjee, Ms. Ankita Upadhyay Agarwal, Mr. Naman Sherstra, Mr. Abir Lal Ghosh, Ms. Mamsha Gupta, Mr. Chirantan Saha, Advocates. For Respondents : Mr. Shaunak Mitra, Mr. Driptao Mazumdar, Mr. Manas Das, Mr. Chandan Mohata, Advocates for Liquidator.

ORDER

(Hybrid Mode)

28.01.2025: Heard Shri Abhijeet Sinha, learned senior counsel for the

Appellant and Shri Shaunak Mitra, learned counsel appearing for Respondent

No.1 - Liquidator. This appeal has been filed against order dated 17.12.2024

passed by the Adjudicating Authority in IA No.200 of 2024. The IA was filed

by the Liquidator praying for various reliefs as noticed in the order. The

Adjudicating Authority after hearing the Liquidator has passed the order

issuing certain directions. The Appellant aggrieved by this order has come up

in this appeal.

2. At the outset, learned counsel appearing for the Liquidator, Shri

Shaunak Mitra submitted that the order was passed without any notice and

Cont'd.../ 2

hearing to the Appellant, hence, the order need to be set aside and the matter

needs to be remanded for hearing afresh before the Adjudicating Authority.

3. Shri Abhijeet Sinha, learned counsel appearing for the Appellant also

submits that the application was not maintainable before the Adjudicating

Authority.

4. Be that as it may, in view of the concession given by the Liquidator, the

order passed by the Adjudicating Authority without hearing the Appellant

deserve to be set aside on this ground alone. We, thus, set aside the impugned

order dated 17.12.2024. Revive IA No.200 of 2024 before the Adjudicating

Authority to be heard afresh. Appeal is allowed to the above extent.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.161 of 2025

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